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CRIMINAL PROCEDURE ACT 1986 - SECT 84
Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend
(1) A direction may not be given so as to direct the attendance of an alleged
victim of an offence involving violence that is the subject of the
committal proceedings (even if the parties to the proceedings consent to the
attendance) unless the Magistrate is satisfied that there are special reasons
why the alleged victim should, in the interests of justice, attend to give
oral evidence.
(1A) In committal proceedings for an offence involving
violence, a direction may not be given so as to direct a vulnerable person
whose evidence is referred to in the brief of evidence to give evidence orally
unless-- (a) the Magistrate is satisfied that there are special reasons why
the vulnerable person should, in the interests of justice, attend to give
evidence, or
(b) the prosecutor consents.
(1B) In committal proceedings for
a prescribed sexual offence, a direction may not be given so as to direct the
attendance of a sexual offence witness (even if the parties to the proceedings
consent to the attendance) unless the Magistrate is satisfied that there are
special reasons why the sexual offence witness should, in the interests of
justice, attend to give evidence.
(2) The regulations may make provision for
or with respect to the determination of special reasons under this section.
(3) The following offences are
"offences involving violence" for the purposes of this section-- (a) a
prescribed sexual offence,
(b) an offence under sections 27- 30 of the
Crimes Act 1900 (attempts to murder),
(c) an offence under section 33 of the
Crimes Act 1900 (wounding etc with intent to do grievous bodily harm or resist
arrest),
(d) an offence under section 35 (1) or (2) of the Crimes Act 1900
(infliction of grievous bodily harm),
(e) an offence under sections 86-91 of
the Crimes Act 1900 (abduction or kidnapping),
(f) an offence under
sections 94- 98 of the Crimes Act 1900 (robbery),
(g) an offence the elements
of which include the commission of, or an intention to commit, an offence
referred to in any of the above paragraphs,
(h) an offence that, at the time
it was committed, was an offence involving violence for the purposes of this
section,
(h1) an offence under any law of the Commonwealth that corresponds
to an offence referred to in paragraph (a)-(h) and that is prescribed by the
regulations,
(i) any other offence that involves an act of actual or
threatened violence and that is prescribed by the regulations for the purposes
of this section.
(4) An offence that may be dealt with summarily under
Chapter 5 is not an offence involving violence for the purposes of this
section.
(5) Despite section 85 (4), the Magistrate must not allow a person
who is an alleged victim of an offence involving violence to be cross-examined
in respect of matters that were not the basis of the reasons for giving the
direction, unless the Magistrate is satisfied that there are special reasons
why, in the interests of justice, the person should be cross-examined in
respect of those matters.
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